ITO, New Delhi V. Smt. Sanjokta Jain, New Delhi

ITA 196/DEL/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 52541 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 02-08-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 13-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA

Judgement Text

ITA NO. 196/DEL/2010 A.Y. 2003-04 IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I: NEW DELHI DELHI BENCH I: NEW DELHI DELHI BENCH I: NEW DELHI DELHI BENCH I: NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER SHRI B.K. HALDAR, ACCOUNTANT MEMBER SHRI B.K. HALDAR, ACCOUNTANT MEMBER SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A.NO. 196/DEL/2010 ASSESSMENT YEAR : 2003-04 ITO VS. SANJOKTA JAIN, WARD-27 (4), ROOM NO. 207 C-3/3, MAYA PURI D-BLOCK, VIKAS BHAWAN PHASE-1, NEW DELHI. NEW DELHI. AAIPJ9589K (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. MONGA, SR. DR. RESPONDENT BY : MS. GAYATRI GULATI, ADVOCATE O R D E R O R D E R O R D E R O R D E R PER DIVA SINGH, JUDICIAL MEMBER PER DIVA SINGH, JUDICIAL MEMBER PER DIVA SINGH, JUDICIAL MEMBER PER DIVA SINGH, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE OR DER OF THE CIT (A)-XXIV NEW DELHI PERTAINING TO 2003-04 ASSTT. YE AR ON THE FOLLOWING GROUND :- ON THE FACTS AND CIRCUMSTANCES OF THE CASE, LD. CIT(A) ERRED IN CANCELLED THE PENALTY IMPOSED U/S 271(1)(C) OF THE I. T. ACT ON THE BASIS OF HONBLE ITATS ORDER ITA NO. 394/DEL/2007 DAT ED 17.10.2008 WHEREIN THE HONBLE ITAT HAS DELETED THE ADDITIONS MADE BY THE A.O. HOWEVER, IN THIS CASE DEPARTMENT HAD NOT ACCEPTED THE ORDER OF THE HONBLE TRIBUNAL AND FILE D AN APPEAL BEFORE THE HONBLE DELHI HIGH COURT. 2. A PERUSAL OF RECORD SHOWS THAT PENALTY U/S 271(1)(C) WAS LEVIED BY THE AO ON ACCOUNT OF INVESTMENT AND HOUSE PROPERTY WHICH HAD BEEN UPHELD BY CIT(A). HOWEVER AS IS EVIDENT FROM THE DEPARTMENTAL GROUND AND PARAS 3 AND 4 OF THE IMPUGNED ORDER THE A SSESSEES APPEAL IN QUANTUM WAS ALLOWED VIDE ORDER DATED 17.10.2008 IN ITA NO. 394/DEL/07 CONSIDERING THE FACT THAT THE QUANTUM ADD ITION HAD BEEN QUASHED. THE PENALTY BASED THEREON CANNOT SURVIVE. AS SU CH WE FIND ITA NO. 196/DEL/2010 A.Y. 2003-04 2 NO INFIRMITY IN THE SAID FINDING. ACCORDINGLY BEING SATISFIED WITH THE REASONING AND THE FINDING THE DEPARTMENTAL APPEAL I S DISMISSED. 3. PRONOUNCED IN THE OPEN COURT ON 2 ND AUGUST, 2011 IMMEDIATELY AFTER CONCLUSION OF THE HEARING. SD/- SD/- (B.K. HALDAR) (B.K. HALDAR) (B.K. HALDAR) (B.K. HALDAR) (DIVA SINGH) (DIVA SINGH) (DIVA SINGH) (DIVA SINGH) ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER DATED: 2 ND AUGUST, 2011 VEENA COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER DEPUTY REGISTRAR, ITAT.